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Context of 'Before August 1, 2002: CIA Office Gathers Data about Use of Enhanced Techniques'

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Retired Lieutenant General Brent Scowcroft leads a presidential panel which proposes that control of the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency be transferred from the Department of Defense to the head of the CIA, the director of central intelligence (DCI). The plan is favored by the Congressional 9/11 joint inquiry but opposed by Defense Secretary Donald Rumsfeld and Vice President Dick Cheney. For years experts have argued that the US intelligence community’s 13 disparate agencies—“85 percent of whose assets reside in the Defense Department”—should be consolidated under the head of the CIA. [US News and World Report, 8/12/2002; Washington Post, 8/19/2004]
Intelligence Community Still Focused on Cold War Needs, Scowcroft Finds - Scowcroft, the head of the Foreign Intelligence Advisory Board and a close friend and confidant of former President George H. W. Bush, actually revises a report he began before the 9/11 attacks. The report concludes that the US intelligence apparatus had been designed to meet the needs of the Cold War era and should now be overhauled. The 9/11 attacks are evidence of this, Scowcroft believes. The attacks came from rogue Islamist terrorists, not a superpower like China or the old USSR.
Opposition from Rumsfeld, Cheney - But, as Ron Suskind will write in his 2006 book The One Percent Doctrine, Rumsfeld is “strongly opposed” to Scowcroft’s idea, presumably because, by transferring control of the NSA from the Pentagon to the CIA, it would take power away from him. Scowcroft approaches Cheney with the dilemma. Scowcroft is well aware of Cheney and Rumsfeld’s long political partnership, and gives Cheney an easy out. If his proposals are overly “disruptive,” Scowcroft says, “I’ll just fold my tent and go away. I don’t want to… but I’ll be guided by you.” Cheney now has a choice. Knowing this is a battle Scowcroft will not win, he can either call Scowcroft off now and defuse a potential political conflict within the administration, or, in author Craig Unger’s words, he can “send Scowcroft off on a fool’s errand, pitting Bush 41’s close friend, as Suskind noted, against Bush 43’s cabinet secretary [Rumsfeld], who just happened to be Bush 41’s lifelong nemesis (see September 21, 1974 and After). Cheney chose the latter.” Cheney tells Scowcroft to “go ahead, submit the report to the president.” He knows President Bush will listen to Cheney and Rumsfeld’s advice and ignore the report. Unger later notes, “Scowcroft had once been Cheney’s mentor, his patron. Now the vice president was just humoring him.” [Unger, 2007, pp. 225-226]

Entity Tags: National Security Agency, National Reconnaissance Office, Ron Suskind, Richard (“Dick”) Cheney, George W. Bush, National Imagery and Mapping Agency, Issuetsdeah, Central Intelligence Agency, Brent Scowcroft, Craig Unger, Donald Rumsfeld, George Herbert Walker Bush

Timeline Tags: US Military

Joint Personnel Recovery Agency logo.Joint Personnel Recovery Agency logo. [Source: US Air Force]The Joint Personnel Recovery Agency (JPRA), the Pentagon agency tasked with advising the Defense Department on the use of harsh interrogation techniques—torture—against suspected terrorists in US custody (see December 2001), sends an unsigned memo to the Pentagon’s chief counsel, William Haynes, advising him that the use of such methods would constitute “torture,” and would produce “unreliable information” from torture victims.
Memo Warned of Torture Would Produce Bad Information - “The requirement to obtain information from an uncooperative source as quickly as possible—in time to prevent, for example, an impending terrorist attack that could result in loss of life—has been forwarded as a compelling argument for the use of torture,” the document reads. “In essence, physical and/or psychological duress are viewed as an alternative to the more time-consuming conventional interrogation process. The error inherent in this line of thinking is the assumption that, through torture, the interrogator can extract reliable and accurate information. History and a consideration of human behavior would appear to refute this assumption.” The key deficiency of physical or psychological duress is the reliability and accuracy of the information gained, the memo says. “A subject in pain may provide an answer, any answer, or many answers in order to get the pain to stop.” The memo also warns that the use of torture by the US could influence US enemies to torture American captives: “The unintended consequence of a US policy that provides for the torture of prisoners is that it could be used by our adversaries as justification for the torture of captured US personnel.” It concludes that “the application of extreme physical and/or psychological duress (torture) has some serious operational deficits, most notably the potential to result in unreliable information.” The word “extreme” is underlined.
Also Sent to CIA - Besides Haynes, the memo is forwarded to the Pentagon’s Office of the General Counsel, and apparently to CIA chief counsel John Rizzo and the Justice Department. It is unclear whether high-ranking White House officials will see the document.
One of Many Warnings - JPRA chief of staff Daniel Baumgartner will later say that the agency “sent a lot of cautionary notes” regarding harsh techniques. “There is a difference between what we do in training and what the administration wanted the information for,” Baumgartner will tell a reporter in 2009. “What the administration decided to do or not to do was up to the guys dealing with offensive prisoner operations.… We train our own people for the worst possible outcome… and obviously the United States government does not torture its own people.”-
Senator Says Memo Suppressed - After the memo becomes public knowledge as part of a Senate report on Bush administration torture decisions (see April 21, 2009), Senator Carl Levin (D-MI), the chairman of the Armed Services Committee, will say that he believes the memo was deliberately ignored and perhaps suppressed. Levin will call the memo’s treatment “part of a pattern of squelching dissent.” A Bush administration official will later say of the memo: “That information was not brought to the attention of the principals. That would have been relevant. The CIA did not present with pros and cons, or points of concern. They said this was safe and effective, and there was no alternative.” The memo conflicts with proposals from two JPRA psychologists heavily involved in creating a program of harsh interrogation tactics (see January 2002 and After). [Joint Personnel Recovery Agency, 7/2002 pdf file; Washington Post, 4/25/2009]

Entity Tags: Carl Levin, Bush administration (43), Daniel Baumgartner, John Rizzo, William J. Haynes, US Department of Defense, Joint Personnel Recovery Agency, US Department of Justice

Timeline Tags: Torture of US Captives

The CIA’s Office of Technical Services gathers data about the use of potential “enhanced interrogation techniques,” which the CIA wishes to use on detainees in the war on terror, and their long-term psychological effects on detainees. According to the agency’s inspector general, the information is solicited from “a number of psychologists and knowledgeable academics in the area of psychopathology.” It also comes from the Defense Department’s Joint Personnel Recovery Agency (JPRA), which provides information about Survival, Evasion, Resistance, and Escape (SERE) training and its subsequent psychological effects on students. The JPRA says that no long-term psychological effects result from the use of the techniques, including waterboarding, on SERE students. The data is then provided to lawyers at the agency’s Office of General Counsel and the Justice Department’s Office of Legal Counsel, who use it to draft legal opinions. [Central Intelligence Agency, 5/7/2004, pp. 14 pdf file]

Entity Tags: US Department of Defense, Joint Personnel Recovery Agency, Central Intelligence Agency, Office of Technical Services

Timeline Tags: Torture of US Captives

Representatives from the Central Intelligence Agency, Defense Intelligence Agency, National Security Agency, National Imagery and Mapping Agency, the State Department’s Bureau of Intelligence and Research and the Energy Department’s intelligence agency meet to discuss the draft of the 2002 National Intelligence Estimate on Iraq, which will be published the following month (see October 1, 2002). Representing the DOE’s intelligence service is Thomas Ryder, who is temporarily filling in as the office’s acting director. Significantly, Ryder is a “human resources guy” with no intelligence background. “Ryder is not an intelligence guy by any stretch of the imagination,” a DOE source will later explain to World Net Daily. “He [has]… no intel background whatsoever. He [works] on all the personnel stuff—paperwork for promotions, hiring contractors, stuff like that.” At the meeting, Ryder is supposed to represent the position of the DOE’s scientists and intelligence officers, who believe that Iraq has not reconstituted its nuclear weapons program. Scientists in the Energy Department as well as officers in the department’s intelligence office want to join the INR in its dissenting vote. One official will later explain to World Net Daily, “Senior folks in the office wanted to join INR on the footnote, and even wanted to write it with them, so the footnote would have read, ‘Energy and INR.’” [WorldNetDaily, 8/12/2003; New York Times, 10/3/2004 Sources: Unnamed US official] Instead Ryder will side with the other intelligence agencies who claim that Iraq has reconstituted its nuclear weapons program. An official later tells World Net Daily that when Ryder and his staff were arguing over Iraq’s alleged program during a pre-brief, Ryder told them to “shut up and sit down.” [WorldNetDaily, 8/12/2003 Sources: Unnamed US official] When the voting takes place, Ryder does not sign his department onto the State Department’s dissenting opinion. As a result, the final vote is a near unanimous 5-1. “Time comes for the Iraq NIE, and instead of being hard-charging and proactive and pulling everybody together, he just didn’t know what to do,” one source later says. “He wasn’t a strong advocate. He just didn’t have the background. He didn’t have the gravitas.” The Department of Energy’s position on the issue is considered very important. “Energy’s vote on the nuclear allegation was critical, because the department is viewed as the final arbiter of technical disputes regarding nuclear-proliferation issues,” World Net Daily will note. [WorldNetDaily, 8/12/2003; WorldNetDaily, 8/12/2003 Sources: Unnamed US official] While serving in the temporary DOE position, Ryder, who is said to be close to Secretary Spencer Abraham, receives bonuses totaling $20,500. Energy insiders will say they cannot remember a previous instance where an intelligence chief had been provided with such a large bonus. “That’s a hell of a lot of money for an intelligence director who had no experience or background in intelligence, and who’d only been running the office for nine months,” one official says. “Something’s fishy.” [WorldNetDaily, 8/12/2003]

Entity Tags: Thomas S. Ryder, Spencer Abraham, Bureau of Intelligence and Research

Timeline Tags: Events Leading to Iraq Invasion

The EPA’s Office of Enforcement and Compliance warns in an internal memo that the administration’s plan to close several of the agency’s technical libraries will “compromise” its effort to prosecute polluters. EPA enforcement staff use the libraries to obtain technical information needed to prosecute businesses that violate environmental regulations. The memo explains: “If OECA is involved in a civil or criminal litigation and the judge asks for documentation, we can currently rely upon a library to locate the information and have it produced to a court house in a timely manner. Under the cuts called for in the plan, timeliness for such services is not addressed.” [PEER, 8/28/2006]

Entity Tags: Office of Enforcement and Compliance

Timeline Tags: US Environmental Record

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